STAND. COM. REP. NO. 323-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 2052
                                     




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Water and Land Use, to which was referred
H.B. No. 2052 entitled: 

     "A BILL FOR AN ACT RELATING TO LAND USE,"

begs leave to report as follows:

     The purpose of this bill is to amend Chapter 520 of the
Hawaii Revised Statutes to include that a trespasser entering
private land for any purpose would be included under the
definition of recreational user for the purpose of landowner
liability.

     The Department of Land and Natural Resources testified in
support of this bill.

     The Consumer Lawyers of Hawaii (CLH) testified in opposition
of this bill.

     Your Committee finds that Chapter 520, Hawaii Revised
Statutes, was enacted to encourage landowners to make land and
water areas available to the public for recreational purposes.
However, the lessened liability provided by Chapter 520 does not
apply if an injured person was merely trespassing on a private
road or bridge, as opposed to using for recreational purposes.
To promote the purposes of Chapter 520, the Legislature finds
that there is no basis for differentiation between a trespasser
and a recreational user under these circumstances.


 
 
 
                                 STAND. COM. REP. NO. 323-00
                                 Page 2

 
     Your Committee urges that the Committee on Judiciary and
Hawaiian Affairs carefully review CLH's concern that this bill
potentially creates conflict within the recreational use statute
regarding its purpose and interpretation and the applicability of
the "principal of attractive nuisance".

     As affirmed by the record of votes of the members of your
Committee on Water and Land Use that is attached to this report,
your Committee is in accord with the intent and purpose of H.B.
No. 2052 and recommends that it pass Second Reading and be
referred to the Committee on Judiciary and Hawaiian Affairs.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Water and Land
                                   Use,



                                   ______________________________
                                   ROMY M. CACHOLA, Chair